BILL NUMBER: AB 2419	CHAPTERED  07/19/00

	CHAPTER   134
	FILED WITH SECRETARY OF STATE   JULY 19, 2000
	APPROVED BY GOVERNOR   JULY 19, 2000
	PASSED THE SENATE   JUNE 29, 2000
	PASSED THE ASSEMBLY   APRIL 27, 2000
	AMENDED IN ASSEMBLY   MARCH 27, 2000

INTRODUCED BY   Assembly Member Machado

                        FEBRUARY 24, 2000

   An act to amend Sections 4.1, 4.2, and 4.5 of the South Delta
Water Agency Act (Chapter 1089 of the Statutes of 1973), and to amend
Sections 4.1, 4.2, and 4.3 of the Central Delta Water Agency Act
(Chapter 113 of the Statutes of 1973), relating to water.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2419, Machado.  Water districts.
   (1) The South Delta Water Agency Act creates the South Delta Water
Agency and the Central Delta Water Agency Act creates the Central
Delta Water Agency.  Those agency acts grant those agencies specified
powers, including the authority to negotiate, enter into, and
enforce agreements with the United States and the state to protect
the water supply of the lands within those respective agencies
against the intrusion of ocean salinity and to ensure that those
lands have a dependable water supply.
   This bill would authorize those agencies to take all reasonable
and lawful actions to carry out those functions and to pursue
legislative and legal actions.
   (2) Those agency acts prohibit those agencies from affecting water
rights within their respective boundaries.
   This bill would delete that prohibition and allow those agencies
to assist landowners, districts, and water right holders within the
boundaries of those respective agencies in the protection of vested
water rights and to represent the interests of those parties in water
right proceedings before the State Water Resources Control Board and
the courts of this state and the United States, to carry out the
purposes of each respective agency.
   (3) The South Delta Water Agency Act authorizes that agency to
perform any lawful act necessary in order that a sufficient
in-channel water supply may be available for any present or future
beneficial use of the lands within the boundaries of that agency.
   This bill would authorize the South Delta Water Agency and the
Central Delta Water Agency to perform any lawful act necessary in
order to ensure that a sufficient in-channel water supply of suitable
quality is available for any present or future beneficial use of the
lands within the boundaries of those respective agencies.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 4.1 of the South Delta Water Agency Act
(Chapter 1089 of the Statutes of 1973) is amended to read:
  Sec. 4.1.  (a) The general purposes of the agency shall be to take
all reasonable and lawful actions to negotiate, enter into, execute,
amend, administer, perform, and enforce one or more agreements with
the United States, the State of California, or other entities, and to
pursue legislative and legal actions that have for their general
purposes either of the following:
   (1) To protect the water supply of the lands within the agency
against intrusion of ocean salinity.
   (2) To assure the lands within the agency a dependable supply of
water of suitable quality sufficient to meet present and future
needs.
   (b) The agency may also undertake activities to advise and assist
landowners and local districts within the agency in reclamation and
flood control matters.
  SEC. 2.  Section 4.2 of the South Delta Water Agency Act (Chapter
1089 of the Statutes of 1973) is amended to read:
  Sec. 4.2.  The agency shall also have the following powers:
   (a) To have perpetual succession.
   (b) To sue and be sued, except as otherwise provided herein or by
law, in all actions and proceedings in all courts and tribunals of
competent jurisdiction.
   (c) To adopt a seal and alter it at pleasure.
   (d) To take by grant, purchase, gift, devise, or lease, or dispose
of, real and personal property of every kind within or without the
agency.
   (e) To borrow money and incur indebtedness; provided, however,
that with the exception of agreements provided for in Section 4.1,
the agency shall not at any one time incur indebtedness in excess of
the ordinary annual income and revenues of the agency; except that
the agency may borrow money for its expenses incurred during the
period until the agency first receives tax money.
   (f) To employ labor and contract for services.
   (g) To cause assessments to be levied, in the manner hereinafter
provided, for the purpose of paying expenses and obligations of the
agency, including its formation expenses and any warrants issued
therefor.
   (h) To act jointly with or cooperate with the United States and
with the State of California to the end that the purposes and
activities of the agency may be fully and economically performed.
   (i) To make and execute contracts and other instruments necessary
or convenient to the exercise of its powers.
   (j) To carry on technical and other investigations of all kinds
necessary or convenient for the accomplishment of the purposes or
powers of the agency.
   (k) To do any and every lawful act necessary in order that a
sufficient in-channel water supply of suitable quality may be
available for any present or future beneficial use or uses of the
lands within the agency.
  SEC. 3.  Section 4.5 of the South Delta Water Agency Act (Chapter
1089 of the Statutes of 1973) is amended to read:
  Sec. 4.5.  (a) The agency shall have no authority or power to bind,
prejudice, impair, restrict, or limit water rights within the
agency.
   (b) The agency may assist landowners, districts, and  water right
holders within the agency's boundaries in the protection of vested
water rights and may represent the interests of those parties in
water right proceedings and related proceedings before the State
Water Resources Control Board and the courts of this state and the
United States, to carry out the purposes of the agency.
  SEC. 4.  Section 4.1 of the Central Delta Water Agency Act (Chapter
113 of the Statutes of 1973) is amended to read:
  Sec. 4.1.  (a) The general purposes of the agency shall be to take
all reasonable and lawful actions, including to negotiate, enter
into, execute, amend, administer, perform, and enforce one or more
agreements with the United States, the State of California, or other
entities, and to pursue legislative and legal actions that have for
their general purposes either of the following:
   (1) To protect the water supply of the lands within the agency
against intrusion of ocean salinity; and
   (2) To assure the lands within the agency a dependable supply of
water of suitable quality sufficient to meet present and future
needs.
   (b) The agency may also undertake activities to assist landowners
and local districts within the agency in reclamation and flood
control matters.
  SEC. 5.  Section 4.2 of the Central Delta Water Agency Act (Chapter
113 of the Statutes of 1973) is amended to read:
  Sec. 4.2.  (a) The agency shall have no authority or power to bind,
prejudice, impair, restrict, or limit vested water rights within the
agency.
   (b) The agency may assist landowners, districts, and  water right
holders within the agency's boundaries in the protection of vested
water rights and may represent the interests of those parties in
water right proceedings and related proceedings before the State
Water Resources Control Board and the courts of this state and the
United States, to carry out the purposes of the agency.
  SEC. 6.  Section 4.3 of the Central Delta Water Agency Act (Chapter
113 of the Statutes of 1973) is amended to read:
  Sec. 4.3.  The agency shall also have the following powers:
   (a) To have perpetual succession.
   (b) To sue and be sued, except as otherwise provided herein or by
law, in all actions and proceedings in all courts and tribunals of
competent jurisdiction.
   (c) To adopt a seal and alter it at pleasure.
   (d) To take by grant, purchase, gift, devise, or lease, or dispose
of real and personal property of every kind within or without the
agency.
   (e) To borrow money and incur indebtedness; provided, however,
that with the exception of agreements provided for in Section 4.1,
the agency shall not at any one time incur indebtedness in excess of
the ordinary annual income and revenues of the agency; except that
the agency may borrow money for its expenses incurred during the
period until the agency first receives tax money.
   (f) To employ labor and contract for services.
   (g) To cause assessments to be levied, in the manner hereinafter
provided, for the purpose of paying expenses and obligations of the
agency, including its formation expenses and any warrants issued
therefor.
   (h) To act jointly with or cooperate with the United States and
with the State of California to the end that the purposes and
activities of the agency may be fully and economically performed.
   (i) To make and execute contracts and other instruments necessary
or convenient to the exercise of its powers.
   (j) To carry on technical and other investigations of all kinds
necessary or convenient for the accomplishment of the purposes or
powers of the agency.
   (k) To do any and every lawful act necessary in order that a
sufficient in-channel water supply of suitable quality may be
available for any present or future beneficial use or uses of the
lands within the agency.
